TBALink Opinion-Flash

November 18, 1996 -- Volume #2 -- Number #103

Here is today's issue of TBALink Opinion-Flash. What follows
is the document name, first paragraph and the names of the attorneys
for the parties (If you know one of them you might want to give
them a call, chances are they don't know about the opinion yet)
of each electronic opinion/rules released TODAY from the three
appellate courts.

This Issue IN THIS ORDER:

01-New Opinons From TSC

00-New Opinons From TSC-Rules

00-New Opinons From TSC-Workers Comp Panel

00-New Opinons From TCA

02-New Opinons From TCCA

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George Dean
TBALink Chief Editor

STATE OF TENNESSEE v. OVID C. ABRAMS
Court:TSC
For Appellant: For Appellee:
RON E. HARMON CHARLES W. BURSON
Savannah, TN Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
GORDON W. SMITH
Associate Solicitor General
Nashville, TN
JOHN W. OVERTON, JR.
Assistant District Attorney
Savannah, TN
Judge: BIRCH
First Paragraph:
Ovid C. Abrams, the defendant, appeals the judgment of the Court of
Criminal Appeals affirming his first-degree murder conviction. The
State did not seek the death penalty, and Abrams received a sentence
of life imprisonment. In his appeal, Abrams contends that the
evidence adduced against him was insufficient to establish the
elements of premeditation and deliberation necessary to sustain a
conviction of first-degree murder. We affirm.
URL:http://www.tba.org/tba_files/TSC/ABRAMSO.OPN.WP6
STATE OF TENNESSEE, v. TIMOTHY JENKINS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Curtis F. Hopper Charles W. Burson
Attorney at Law Attorney General & Reporter
404 West Main Street
P.O. Box 220 Darian B. Taylor
Savannah, TN 38372 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Mike Bottoms
District Attorney General
Robert C. Sanders
Asst. Dist. Attorney General
P.O. Box 459
Lawrenceburg, TN 38464
Judge: PAUL G. SUMMERS
First Paragraph:
The appellant, Timothy Jenkins, was convicted of attempted second
degree murder. He was sentenced to twelve years incarceration and
fined $25,000.00. He raises five issues on appeal and argues: 1. The
trial court erred in not allowing state of mind evidence; 2. The
evidence was insufficient to support his conviction; 3. The trial
judge failed to properly perform his duty as thirteenth juror; 4. His
sentence was excessive; and 5. His fine was excessive. We affirm.
URL:http://www.tba.org/tba_files/TCCA/JENKINST.OPN.WP6
STATE OF TENNESSEE, v. JOHN L. SMITH,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Lionel R. Barrett, Jr. Charles W. Burson
Washington Square Two, Ste 417 Attorney General and Reporter
222 Second Avenue, North 450 James Robertson Parkway
Nashville, Tennessee 37201 Nashville, Tennessee 37243-0493
Karen M. Yacuzzo
Assistant Atty. Gen. & Reporter
450 James Robertson Parkway
Nashville, Tennessee 37243-0493
Victor S. Johnson, III
District Attorney General
Washington Square, Ste 500
222 Second Avenue, North
Nashville, Tennessee 37201-1649
Mary Hausman
Asst District Attorney General
Washington Square, Ste 500
222 Second Avenue, North
Judge: William M. Barker
First Paragraph:
This is the appellant's second appeal as of right to this Court
following his convictions in the Davidson County Criminal Court for
three (3) counts of aggravated robbery, one (1) count of aggravated
assault, and two (2) counts of attempted second degree murder. In his
original appeal, the appellant challenged the sufficiency of the
evidence to support his convictions, the length of his sentences, and
the consecutive nature of the sentencing ordered by the trial court.
In that appeal, this Court sustained the convictions and the length of
the sentences ordered by the trial court. However, a majority of the
panel hearing appellant's first appeal was of the opinion that the
trial court failed to place upon the record sufficient facts and
reasons for ordering consecutive sentencing. Accordingly, the matter
was remanded to the trial court for a new sentencing hearing limited
in scope to the issue of consecutive sentencing.
URL:http://www.tba.org/tba_files/TCCA/SMITHJL.OPN.WP6

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